In the Sure, well get right on that department.... A proposed rule from SBA includes a provision for Small Business Development Centers (SBDCs) and Procurement Technical Assistance Centers (PTACs) to issue advisory small business size status opinions. The proposed rule implements a section of the 2013 National Defense Advisory Act and establishes a “safe harbor” from fraudulent misrepresentation penalties for a small business that obtains an advisory size opinion from an SBDC or PTAC. However, the rule also acknowledges that SBDCs and PTACs are not required to provide such advisory opinions, and Alaska PTAC will not be. Size determinations are by law the purview of the SBA, not PTACs, and we havent seen anything in the SCAA (our contract with the Dept of Defense) that says we should do SBAs job. The last thing any PTAC should want is a summons to appear in a size protest case because they gave a business an advisory opinion on whether theyre a small business or not. That, at least, is our opinion. For information on what SBA requires of businesses when making a size determination, see SBA Form 355. That form can be accessed here:
Posted on: Wed, 30 Jul 2014 16:55:12 +0000
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